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(영문) 서울중앙지방법원 2016.08.25 2016노1877
명예훼손등
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Since the expression “a person who makes a mistake of facts and makes a mistake in the legal principles,” it cannot be deemed as a content indicating a specific fact, the crime of defamation is not established, as well as the said word was made to G other than E.

In addition, the court below's decision was made in the process of protesting that "F also made efforts to a certain extent to compensate for damage or resolve disputes," but this part is different from fact, and that there was a problem in the dog purchased from "F", but it did not harm appropriate compensation measures for it for a long time. Thus, the defendant's act constitutes a legitimate act that does not violate social rules.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. According to the evidence, it can be acknowledged that the victim E, who was taking a cell phone image of the situation at the time, continued to say that “the victim E, who was in the situation at the time, made the speech “I am by deception,” while making the speech “I am by deception.” Thus, the other party to the above expression is not the victim E, and the argument that it is not the victim E is without merit.

B. First, we examine as to whether the expression “a single sale M by deception” is a false fact.

In determining whether a publicly alleged fact is a false fact in order to apply Article 307(2) of the Criminal Act, if an essential part is consistent with an objective fact in light of the overall purport of the alleged fact, even if there is a little exaggerated expression, it does not constitute a false fact (see, e.g., Supreme Court Decision 9Do4757, Feb. 25, 200). In addition, Article 307(2) of the Criminal Act is a false fact in order to establish an offense of defamation by a publicly alleging false facts under Article 307(2) of the Criminal Act, and such fact is false.

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